TERMS AND CONDITIONS

Terms and Conditions of Site Use and Membership

PLEASE READ CAREFULLY

Last updated on 30th October 2007.

Welcome to INMYVAULT™ (“IMV” or the “Web Site”, “Us”) an integrated web and storage service aimed at archiving and making available to future generations personal information and items for access by close family and friends and persons authorised by yourself. INMYVAULT™ provides additional security and peace of mind for anyone wishing to store such information in a secure and confidential environment:

(the 'Service(s)').

Please read these terms and conditions carefully to be sure that you understand them.

Once you have completed your online registration procedure, your membership has been activated and you have entered into a legally binding contract for the provision of this Service(s), you will then be able to interact fully with the services this Web site has to offer.

1. ELIGIBILITY

You must be sixteen (16) or over to register as a member of INMYVAULT™ to use this Web site. By using this Web site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. The services provided herein are for the personal use of individual members only and may not be used in connection with any commercial endeavours.

2. CONTACT DETAILS AND CONTRACTING PARTY

This site is owned, run and administered by IMV International Limited , Registered in England 6343917, who is the contracting party to this Agreement. You can contact IMV International Limited at their registered office Suite 16, Shearway Business Park, Folkestone, Kent CT19 4RH or at their trading address as listed in the Contact Page on the Web Site.

3. MEMBERSHIP AND SUBSCRIPTION

3.1 The price(s) for membership and use of the Service is as shown on the [“Registration”] page on the Web Site as may be varied from time to time (the “Charges”) and are currently as follows:

Individual Account £4.60 monthly or £52.00 annually

Joint Account £7.75 monthly or £89.00 annually

3.2. To register and become a member of INMYVAULT™ (a “Customer”), you are required to complete the Registration form on the Website and supply your name, address, DOB, email address, telephone number and type of membership you require.

3.3 All accounts are payable on demand. In the absence of demand, payment must be made in full for the Services on or before the fourteenth day following the date of our invoice. IMV shall also be entitled to charge such reasonable costs as it may incur in recovering any overdue balances.

3.4 IMV shall be entitled to issue an invoice for the Charges on the Commencement Date (as defined in clause 4.1 below) or as soon thereafter as is reasonably practicable. IMV will send you an invoice to the email address you provide, together with a description of the Services package chosen. The Customer shall be responsible for checking receipt of this invoice. IMV will if required provide invoices through the postal system but subject to payment of IMV's Additional Charges that are in force from time to time.

3.5 The Customer agrees to pay all costs for the Service in advance.

3.6 Payment of the Charges can only be made by a valid Credit/Debit Card and the Customer shall provide details of the same when she/he makes an Order for the Services.

3.7 Once the transaction has been completed the information from the e-commerce payment processing centre will be passed back to the IMV site and update the database with the payment information. Once at the payment processing centre the member will be required to complete their credit/debit card details. If the payment process was successful the account status is changed to live and You can start to use the account immediately. In the event the payment process failed, your account status will be suspended, and you cannot use the account until successful payment has been received.

3.7 IMV shall be entitled to vary the Charges from time to time with effect from the date specified in an amendment notice (and “Amendment Notice”). IMV shall issue an Amendment Notice no later than 6 weeks prior to the date that any variation of the Charges shall come into force.

3.8 The Customer shall no later than 6 weeks from the date of deemed receipt of the Amendment Notice send a counter notice to the IMV accepting or rejecting the terms of the Amendment Notice. In the event that the Customer specifies in the counter notice acceptance of the terms of the Amendment Notice or fails to send a counter notice within the specified period then the terms of the Amendment Notice shall apply as from and including the date specified in the Amendment Notice and this agreement for Services shall be deemed to be varied accordingly. In the event that the counter notice rejects the terms of the Amendment Notice then until such date as this Agreement has been terminated in accordance with this clause the Customer will be charged the Charges as varied from and including the date in the Amendment Notice. Upon receipt of the Amendment Notice the Customer has the right to terminate this Agreement with effect from the date in the Amendment Notice, such notice of termination to be received (including by way of email) by the IMV no later than 14 days before the date in the Amendment Notice.

3.9 The Customer acknowledges that the Charges are exclusive of any telecommunication charges. All telecommunication charges incurred by the Customer in connection with the use of the Services remain solely at all times the responsibility of the Customer. IMV does not accept liability or responsibility for any such charges.

3.10 If the Charges are not paid in accordance with IMV's invoice, IMV shall be entitled so far as is permitted by law and without prejudice to any other rights it may have to charge interest on the outstanding amount (both before and after judgement) at the rate of 4% above the base rate from time to time of HSBC Bank plc, from and including the due date but excluding the date the outstanding amount is paid in full.

3.11 Neither IMV or the Customer shall be entitled to set off a credit against any amount owed to it by the other under the terms of this Agreement or under any other agreement prior to completion of this Agreement.

3.12 All prices include VAT @17.5%

3.13 Payment shall not be deemed to have been made until IMV have received cleared funds in respect of the full amount due or outstanding for registration.

3.14 Without prejudice to you Cancellation Rights as set out in paragraph 4.2 below, all monies paid by you to Us are non-refundable in the event of cancellation and/or termination of this Agreement.

4. CANCELLATION RIGHTS

4.1 This Agreement shall be deemed to commence as from the date that the appropriate payment was made by you (or on your behalf) into IMV account (the “Commencement Date”).

4.2 Pursuant to the Consumer Protection (Distant Selling) Regulations 2000 (the “Regulations”), you are entitled to cancel this Agreement within 7 days as from the Commencement Date (the “Cooling Off Period”). In the event you wish to cancel within the Cooling Off Period, you must send Us written Notice, to be received by Us within the Cooling Off Period, as follows:

a. by email to the following email address cancel@inmyvault.com

4.3 PLEASE NOTE that if you use IMV’s Services within the Cooling Off Period, you are electing to commence the Services immediately and you thereby waive any right to cancel the Services or this Agreement under the Regulations.

4.4. You may terminate your membership at any time, for any reason, by effective upon receipt by us of your written or email notice of termination to the details given above. In the event of such termination no refund of monies paid to the date of termination will be given. In the event of termination, for an additional fee quoted at the time of request, IMV will provide you with printed hard copies of all data contained in your Vault to be sent to you by registered post.

4.5. We shall be entitled to terminate your membership forthwith and your access to the Service in the event that you are in breach of any term of this Agreement. Notice of termination will be sent to you at the email address you provide in your application for membership or such other email address as you may have later provided. In the event of termination pursuant to this clause, no refund will be given. Our right to terminate this Agreement shall include, but not be limited to:

  • 4.5.1 If you fail to make any payment to Us when due;
  • 4.5.2 You fail to provide Us within the time limit requested by Us with sufficient information to enable Us to determine the accuracy and/or validity of any information provided by you;
  • 4.5.3 In our reasonable opinion, any information supplied or posted by You is damaging or potentially damaging to the interests of our business or any of clients or other users of the site.
  • 4.5.4 In the event that you become convicted of a criminal offence or are subject to any charge, arrest or accusation of disreputable conduct, which may, in our reasonable opinion, jeopardise the good name of our business or may potentially be of concern to other users of the Web Site.
  • 4.5.4 We receive a complaint or complaint(s) from other users about yourself, which we are entitled to act on entirely within our sole discretion and without the obligation to contact, or verify information with, you;
  • 4.5.6 Should you post or store anything on the Website which is defamatory, sexually explicit or obscene or in our reasonable opinion could cause offence or distress to any individual.

4.6 We reserve the right to make changes to the Web Site and/or the Services from time to time.

5. DESCRIPTION OF SERVICES AND OPERATION OF WEB-SITE

5.1 INMYVAULT™ enables You to upload and store various digital and digitised materials (such as text, images and documents) that can be accessed by persons selected by you by providing them with your password and security code(s) (your “Vault”).

5.2 Your Vault will be username and password protected. Neither the username nor password will be known by any other IMV member. The username will be your registered email address, which may contain both numeric and alphabetic letters. Each Vault can only be accessed with the correct username and password for that account. This will ensure no other user has the access to those documents and assets.

5.3 Each time a member returns to the site they will be required to enter their unique username and password to allow access to their members area. A log is kept of the last time the member last logged into their Vault. A forgotten username / password will be displayed so that a user can enter their email address and their membership details are forwarded to their email address.

5.5 IMV has the following features and types of account holder

  • Partner subscription; In the event of relationship breakdown / divorce etc. each member will be able to continue with their own information from the ‘partner account’ and move to their own account. The remaining ‘partner member’ will also be able to maintain their (now) individual account.
  • Primary Account Holder – this account holder will be responsible for billing, storing documents, images, videos, diary scheduling, manage guest accounts, create new documents, with the ability to appoint an Executor. They also have access to their own INNER VAULT
  • Joint (Additional) Account Holder – this account holder has access to the Primary Account Holder’s Vault under separate username, password and PIN and can also store documents, images, videos, diary scheduling, manage guest accounts, create new documents and appoint an Executor. They also have access to their own INNER VAULT
  • Guest Account - will have the ability to see only those documents that a member has set up for that guest account to view (a (“Guest”).
  • Executor - will have the ability to log into the account and have full access once it has been satisfactory established the member is deceased. For a Member to nominate an Executor, whether family, friend or professional so that their IMV account will form part of their estate upon death. The system allows functionality to nominate up to four executors and details can be edited, deleted and saved by the user. IMV reserves the right to contact the Executor named by the Member.
  • Joint / Family Members: may only be created by the Account Holder subject to parental/guardian rights, power of attorney or the express permission of that person and only for the purposes of utilising the INMYVAULT™ Service on behalf of or by that Member;

5.6 A report will be available via CRMS that will enable staff of IMV to monitor members who have not logged in for a period of time i.e. 30, 60. 90 and 180 days respectively. The report will be used to contact members via email and post to ensure that they account member is still active and avoid unnecessary contact with the nominated executor. Non response from the member to two emails will automatically generate written correspondence. Non response to the written correspondence within 30days will authorise IMV to contact the executor to ensure the member is not deceased. In the event of death of a member and upon official receipt of verification, the executor will be notified of the deceased member’s vault username, password and PIN.

5.7 For MY INNER VAULT, a member will be issued will be a four digit PIN when registering. When ever a member wishes to enter their inner vault the PIN will be requested. This is a second secure level. A member cannot access MY INNER VAULT without initially logging in using their username and password.

5.8 A member’s PIN will never be displayed on the IMV site. In order to change the PIN a member will first have to enter their current PIN and then re-enter a new PIN. Using this method ensures the PIN is secure to IMV and disclosure can only ever result from a member informing another person.

Use and Management of a member’s profile

5.9. IMV allows members to enter and record personal data to create their Profile including:

  • About – personal details of address, DOB, gender, occupation, interests, favourite books, music films, etc. A summary of the number of uploaded documents, videos and photo’s and guests is recorded, together with notification of the last login date and time. The member can upload at any time a current photo of themselves; whereupon any past photo will be retained in an archive file.
  • My Family – a summary of the member’s immediate family history, completed by the user.
  • Work – enables the user to enter all present and previous work history, forming a record and creating a CV that can be assigned to the Share option if required for prospective employers.
  • Achievements – enables the member to record any other achievements obtained during their lifespan.

All of the above sections provide functionality to create or upload documents and add, edit, delete or amend details as required. Saved changes will be stored on the database.

Use and Management of Diary features

5.10 At the core of IMV site is the My Diary area. This section will link into all other IMV sections. Documents, events and images can all be assigned from here, and displayed. Diary features include:

  • Events (anniversary, birthday, wedding, christening etc): When an event is associated with a date or date range an event icon will be graphically displayed on the calendar for the dates it has been assigned to. An Event will have an icon, which will be representative of the event, thus when the user clicks on the icon it opens up that event so that it can be viewed, modified or deleted.

Use and Management of Document Features

5.11 Within the system there will be two different types of documents a member will be able to store. An uploaded document or document the member decides to create on-line:

  • Uploaded document: These are documents that may have been scanned in such as driving licence, birth certificate, Last Will and Testament etc. These types of documents will be created else where and then uploaded via an upload facility that will be integrated into the system. When uploading documents additional information will be requested to describe the document.
  • Managing uploaded documents. When managing the uploaded documents the ability to modify the document will not be available. However, the ability to physically change the document held within the member’s folder will be available.

The following options will be available:

  • Document Path - the upload function, to allow the existing document to be replaced. The member will be able to locate the document on their local machine and upload it to the members secure document folder.
  • Associated Date / Date Range – a special date or date range associated with the Image (If chosen the date will be displayed on the calendar).
  • Associate to an Anniversary - associate the image to a special event the user has set up, via the diary.
  • Delete Document - selecting this option will delete the document from the server. The member will be prompted to continue. Once deleted, the document cannot be recovered. All database entries regarding this entry are removed.
  • Ability to share. [Yes/no] - safe guard to ensure the document is not shared by accident.

Use and Management of Photo Features

5.12 IMV allows members to upload their images / pictures and add captions to the images, and has the following features:

  • Gallery. All the images within the members area will be displayed as thumbnails. The thumbnails will be automatically created by the system from copies of the larger uploaded image. A member can click on the image and the full size image is displayed a long with any caption added to the image. Once the image has opened full size, the following options will be presented to the member:
  • Caption - piece of text entered by the member that is displayed when the image is displayed. The member can, add, edit or delete the caption.
  • Associated Date / Date Range – a special date or date range associated with the Image (If chosen the date will be displayed on the calendar).
  • Associate to an Anniversary - associate the image to a special event the user has set up, via the diary.
  • Delete Image - selecting this option will delete the image from the server. The member will be prompted to continue. Once deleted, the image cannot be recovered. All database entries regarding this entry are removed.
  • Ability to share - [Yes/no] - a safe guard to ensure the document is not shared by accident.
  • Add images. An option will exist for members to add additional images to their gallery. On clicking selection this option a page will be displayed with the following options:
    • Image Path - an upload dialogue box that will search for the image on the member’s local computer.
    • Associated Date / Date Range – a special date or date range associated with the Image (If chosen the date will be displayed on the calendar)
    • Associate to an Anniversary – associate the image to a special event the user has set up, via the diary.
    • Caption – a piece of text entered by the member that is displayed when the image is displayed. The member can, add, edit or delete the caption.
    • Ability to share [Yes/no] - a safe guard to ensure the document is not shared by accident.

The uploaded image will be stored in the member’s secure Image Gallery folder. But all Members must have the legal right to use and upload all photos stored with IMV

Use and Management of “My Inner Thoughts” facility

5.13 My Inner Vault are documents that are entered on-line via a full rich text editor. These types of documents will be stored in the database under the users account information.

5.14 My Inner Vault can only be accessed once a member has successfully logged on to their Vault. Once in their Vault, the member will be able to select My Inner Vault, where a PIN will be requested. The PIN will be a four digit number chosen by the member when registering, which can be modified via the Settings modification process. The four digits will be left to the discretion of the member.

5.15 Only the author of the documentation will have the ability to view, modify or delete My Inner Thoughts documents. Other users of the database will not have access to these documents. When creating or modifying a My Inner Thoughts document the following options will be available:

  • My Inner Vault Text – this would be where the members input their text, ability to modify existing text.
  • Associated Date / Date Range – a special date or date range associated with the My Inner Vault Entry (If chosen the date will be displayed on the calendar)
  • Associate to an Anniversary – associate the My Inner Vault to a special event the user has set up, via the diary.
  • Delete Document – the member will be prompted to continue with the deletion. Once deleted, all database entries regarding this entry are removed.

Use and Management of “My Share” facility

5.16 Functionality to enable the Member to share selected documents, photos and videos as required. Guests can be nominated and retained on a preferred list. Guest details and the information made “open” to them can be restricted at any time by the user and/or deleted, edited or amended. The member will be prompted to continue prior to sharing any details with a Guest.

6. YOUR USE OF THE WEB-SITE AND CONTENT POSTED ON THE WEB-SITE

6.1. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site are strictly prohibited. Any such use will be investigated and reported to the relevant authority if appropriate. In the event of such use, we shall be entitled to terminate this Agreement immediately without refund.

6.2 You are not permitted to post or transmit any content (including emails or photos) via this Web-Site that in our sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the confidentiality of other users.

6.3 You are solely responsible for the accuracy of the data that you provide to the Service. You hereby agree to full indemnify us for any liability, cost or expense incurred by us in respect of such data.

6.4 We are entitled to investigate and revoke a person’s membership if a member has misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal, to include but be limited to the following:

  • a. harassing or advocating the harassment of another person;
  • b. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • c. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); or
  • d. using INMYVAULT™ as method to send bulk or junk messages/ emails via the Share facility

MEMBERS OBLIGATIONS

6.5 You must use the Service at all times and in a manner consistent with any and all applicable laws and regulations.

6.6 You are not permitted to:

  • 6.6.1 Supply false details of yourself or any other person such as your telephone number, address and/or e-mail address etc;
  • 6.6.2 attempt to gain unauthorised access to any information available on the Website or to any of the networks used in providing the Website’s services;
  • 6.6.3 copy, in whole or in part any of the information on the Website (including, but not limited to any information contained in other members’ profiles) other than for the purposes contemplated in this Agreement;
  • 6.6.4 in any way assign, transfer, part with and/or authorise any other person to use, your membership;
  • 6.6.5 using INMYVAULT™ as method to send bulk or junk messages/ emails via the Share facility.

67. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Web Site or the Services, use of the Services, or access to the Services.

7. DISCLAIMERS : PLEASE READ CAREFULLY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

7.1. YOUR USE OF THE WEB-SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE WEB-SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL.

7.2. WE MAKE NO WARRANTY OR REPRESENTATION THAT (i) THE WEB SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE WEB-SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB-SITE WIL L BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, OR INFORMATION OBTAINED BY YOU THROUGH THIS WEB SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED.

7.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

Further

7.5 We do not provide any warranty in respect of the Website or Services, results or availability of the Services.

7.6 We do not verify or check that the data you have provided is correct and/or is not misleading. Accordingly, your reliance on such information is entirely at your own risk.

7.7 You are entirely responsible for all consequences of IMV providing the Services, and agree to indemnify IMV in respect of any claim or allegation made against relating to breach of privacy or other legal right relating to any information or materials you post to or store on the Website using the Service.

7.8 In the event you pass on your password or security details to any third party, you do so at Your own risk. You should take all such precautions, as you consider necessary to ensure your own privacy and protection of your confidential information.

8. LIMITATIONS ON LIABILITY

8.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE, OR THE FAILURE OF, THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICE FAILURE; (iii) STATEMENTS OR CONDUCT OF ANY INDIVIDUAL SUPPLYING ANY OF THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THIS WEB SITE OR THE SERVICES.

Further, and for the avoidance of doubt:

8.2 We shall have no liability (save for the refund of membership fees (where appropriate) for any defect in the Service howsoever caused.

8.3 We shall not be liable for any loss, harm or damage suffered by you howsoever caused in the event you have failed to pay any outstanding monies that have not been paid in full by the due date for payment.

8.4 We shall not be liable for any loss, harm or damage suffered by you as a result of your reliance on any information and/or other material provided on the Website.

8.5 We shall not be liable for any loss, harm or damage suffered by you as a result of any use or unauthorised misuse of information and/or data provided by you for the Service.

8.6 Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:

  • a. Liability for breach of contract;
  • b. Liability in tort (including negligence); and
  • c. Liability for breach of statutory duty;

8.7 We shall have no liability to you for any delay in performance of the Website service or the Services and/or any other matters to the extent that such events and/or matters are due to any events outside our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

8.8 We shall have no liability to you for any conduct of any person you give access to your Vault and information.

8.9 Nothing in this Agreement shall exclude or limit our liability for death or personal injury due to negligence or any liability which is due to fraud or any other liability which We are not permitted to exclude or limit as a matter of law.

9. INDEMNITY

9.1 You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to your use of this Web Site (including any claim that information or other materials contained in your Vault infringes the right of any third party or is obscene libellous or offensive) and/or the Services and/or arising from or due to any claim or breach of the terms of this Agreement or any tortious act and/or omission and/or any breach of statutory duty by you.

9.2 In the event that you have any claim or action against any person concerning your use of the Service, you agree to pursue such claim or action independently of and without any demands from Us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.

10. PRIVACY

Use of the Website and/or the Services is also governed by our Privacy Policy.

11. PROPRIETARY INFORMATION

This Web Site contains information that is proprietary to our partners, our members and us. You may not modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of the owner of such information.

12. MODIFICATIONS OF THIS AGREEMENT

We may alter or amend our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, if you do not wish to continue with this Agreement, you may terminate it upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after the relevant period of notice has expired.

13. GENERAL

13.1 All third party rights are excluded and no third parties shall have any right to enforce this Agreement.

13.2 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

13.3 This Agreement contains the entire agreement between you and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

13.4 This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

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